Traditional Culture Encyclopedia - Photography major - Is it illegal to use a Japanese star as an avatar?

Is it illegal to use a Japanese star as an avatar?

It is not infringing to use Japanese stars as avatars. It is not profitable to use other people's photos as avatars. If it is used for profit, it is illegal. If an actor uses a photo of a star, it is suitable for profit. Or deliberately insulting or distorting the facts, then such behavior can be considered as infringement of portrait rights. Calculate the infringement of portrait rights:

(A) infringement of the right to portrait

As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography and transforming the image of a natural person into a portrait. The exclusive right to make portraits includes: first, the portrait owner can decide to make his own portrait or let others make his own portrait according to his own needs or the needs of others and society, and no one can interfere; Second, the portrait owner has the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.

(2) Infringement of the exclusive right to portrait.

Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic contents are as follows: first, natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law and public order and good customs). Second, natural persons have the right to allow others to use their portraits and decide to get paid for them (this requires equal consultation with the users and signing a portrait use contract). Third, natural persons have the right to prohibit others from illegally using their portraits.

(3) Infringement of portrait rights

Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. The content is as follows:

1, citizens have the right to prohibit others from making their own portraits without their permission;

2. Citizens have the right to prohibit others from using their portraits without permission;

3. Citizens have the right to forbid others to damage, defile, vilify or distort their portraits.

Portrait rights, that is, our faces, photos, videos, etc. Appear in a public place without my consent. And there is malicious insult or infringement, which constitutes infringement. The actor may ask the infringed person to stop the infringing act. If the circumstances are serious, he can claim compensation and even bring a lawsuit to the court.

People's Republic of China (PRC) Civil Code

Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.

Article 109 No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.

Article 1020th The following acts can be carried out reasonably without the consent of the portrait owner:

(1) Using the public portrait of the portrait holder within the necessary scope of personal study, art appreciation, classroom teaching or scientific research;

(2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting;

(three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee;

(4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment;

(5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.